Central Information Commission
Avula Somaiah vs Department Of Posts on 28 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/POSTS/A/2024/111641 +
CIC/POSTS/A/2024/116490+
CIC/POSTS/A/2024/106535+
CIC/POSTS/A/2024/111613
Avula Somaiah ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Department of Post,
Hyderabad ... ितवादीगण/Respondent
CPIO: Department of Post,
Suryapet
Relevant dates emerging from the appeal(s):
Sl. No. Second Date of Date of Date of Date of Date of
Appeal RTI CPIO's First FAA's Second
No. Application Reply Appeal Order Appeal
1. 111641 13.12.2023 Not on 29.01.2024 16.02.2024 08.04.2024
record
2. 116490 18.03.2024 05.04.2024 10.04.2024 14.05.2024 24.05.2024
3. 106535 13.12.2023 23.01.2024 05.02.2024 09.02.2024 23.02.2024
4. 111613 12.01.2024 09.02.2024 22.02.2024 01.04.2024 12.04.2024
The instant set of appeals have been clubbed for decision as these relate to similar
RTI Applications and same subject matter.
Date of Hearing: 28.04.2025
Date of Decision: 28.04.2025
Page 1 of 9
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Second Appeal No. CIC/POSTS/A/2024/111641
1. The Appellant filed an RTI application dated 13.12.2023 seeking information on the following points:
It is submitted that I am Avula Somaiah, retired on Superannuation on 30.09.2022, as a Postal Asst, Khairatabad-HO, Hyderabad-4. Before, that I was compulsorily retired on 25.05.2005, as Postal Asst, Khairatabad-HO, Hyderabad-4, as a Punishment due to unauthorized absence for a period of 41 days. The impugned orders of the SSPOs Hyderabad City Division contained in memo no. F/Disc/AS dated 25.05.2005, has been "SET-ASIDE" by the Honorable Tribunal, Hyderabad Bench, vide its judgment dated 06.09.2018 in O.A No. 021/1138/2012, resulted, reinstated and joined the service on the forenoon of 03.07.2020, as Postal Asst, Khairatabad-HO, Hyderabad-4......
(i) As per your office records, please provide me an attested / certified copy of "Certificate of Credit " or adjusted the Principal amount of Commutation of Pension, recovered from my monthly Pension paid for the period from March 2014 to June 2020.
(ii) As per your office records, please provide me the attested / certified copy of outstanding of Principal amount of Commutation of Pension as on this date.
(iii) Please provide me, the rate of interest allowed on Principal amount of Commutation of Pension during the sanction of Commutation of Pension i.e in the month of February-2014.
(iv) Please provide me the non-payment of Pension certificate for two days for 01.07.2020 and 02.07.2020.Page 2 of 9
1.1. Having not received any response from the CPIO, the Appellant filed a First Appeal dated 29.01.2024. The FAA vide order dated 16.02.2024 directed the CPIO to supply the available information.
1.2. In compliance of the FAA order, the CPIO replied vide letter dated 22.02.2024 and the same is reproduced as under: -
"The photocopies which are in the corresponding available at Suryapet Head Post Office and Suryapet Divisional office are enclosed herewith."
1.3. Aggrieved with the response received from the CPIO, the Appellant approached the Commission with the instant Second Appeal dated 08.04.2024. Second Appeal No. CIC/POSTS/A/2024/116490
2. The Appellant filed an RTI application dated 18.03.2024 seeking information on the following points:
(i) Keeping in view of the latest documents provided by the Senior Superintendent of Post Offices, Hyd City Divn, as a Pension sanctioning authority in connection with sanction of Pension, and accordingly the Accounts officer (Pension Section) % the Director of Accounts (Postal), Hyderabad-1, vide letter no. Postal/2024/TL/41060/1756 to 1761/194 dated 07.03.2024, has sanctioned the Pension, Please provide me attested / certified copies of the following documents provided by SSPOs as a pension sanctioning authority:
I. Latest Form-7, II. Latest Pension calculation sheet, III. Latest No Due/Demand Certificate, IV. Latest Last Pay certificate, V. Copies of the A.E paras raised by the DAP Office in connection with the sanction of my Pension, Etc. 2.1. The CPIO replied vide letter dated 05.04.2024 and the same is reproduced as under:-Page 3 of 9
i, ii, iii & iv. The SSPOs, Hyderabad City Division is the custodian of the requisite information / documents. Hence, the RTI application is transferred to the concerned for supplying the information sought.
v. The copy of AE along with AE paras was already supplied to the applicant vide this office letter No. Pen-X/AS/CR/Superannuation/09-2022 dated 18.03.2024. The same may be referred to for information.
Etc. 2.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.04.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 14.05.2024 upheld the reply given by the CPIO.
2.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 24.05.2024.
Second Appeal No. CIC/POSTS/A/2024/106535
3. The Appellant filed an RTI application dated 13.12.2023 seeking information on the following points:
Please find enclosed copy of the CPIO & Accounts Officer Admin.1(A), % the Director of Accounts (Postal), Telangana Circle, Hyderabad-1 reply letter no. 466/Admin-1(A)/Legal/RTI/03/11-23 dated 12.12.2023, addressed to me, in response to my RTI application dated 13.11.2023, wherein, advised me that the adjustment particulars of Commutation of Pension / outstanding of the Principal amount of Commutation of Pension, etc. may be available with the SSPOs Hyderabad City Division / Suryapet Division, and hence requested me to sought the same from the concerned.Page 4 of 9
(i) Please provide me an attested / certified copy of adjusted the Principal amount of Commutation of Pension, recovered from my monthly Pension paid for the period from March 2014 to June 2020.
(ii) Please provide me the attested / certified copy of outstanding of Principal amount of Commutation of Pension as on this date.
(iii) Please provide me, the rate of interest allowed on Principal amount of Commutation of Pension during the sanction of Commutation of Pension i.e in the month of February-2014.
(iv) Please also provide me, on what rate of interest, you have calculated to arrive the interest on commutation amount of Rs. 3,31,454/-.
3.1. The CPIO replied vide letter dated 23.01.2024 and the same is reproduced as under :-
(i) The information is not readily available in material form.
(ii) The information is not readily available in material form.
(iii) Please refer CCS (Commutation of Pension) Rules, 1981.
(iv) The rate of interest assumed for calculation was GPF + 2%.
3.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.02.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 09.02.2024 upheld the reply given by the CPIO.
3.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 23.02.2024.
Second Appeal No. CIC/POSTS/A/2024/111613
4. The Appellant filed an RTI application dated 12.01.2024 seeking information on the following points:
This is regarding an appeal against the orders of the Senior Postmaster, Khairatabad-HO, Hyderabad-4, for his illegal, and unethical settlement of "OUTPATIENT MEDICAL CLAIMS (OPD)" related to the Purchase of OPD Page 5 of 9 Medicines, and treatments, and undergone tests in an emergency, and in essential etc., before and after In-Patient treatments, of me and wife's in essential and in emergency for the recovery/prevention of serious deterioration in the condition of the patient, and for the survival of the patient, and the Senior Postmaster, Khairatabad-HO, Hyderabad-4, has illegally disallowed OPD Medical claims of me, and my wife's, without following the rules on the subject and without following the instructions and guidelines of his higher authorities, from time to time
(i) Please provide me the date of receipt of copy of my representation dated 27.11.2023 by the Senior Postmaster, Khairatabad-HO, Hyd-4, along with his office inward register number (my representation dated 27.11.2023 a/to the Additional Director, CGHS, Hyd-16, endorsed a copy to the Senior Postmaster, Khairatabad-HO, Hyd-4.)
(ii) Please provide me the date of receipt of my representation 18.12.2023 by the Senior Postmaster, Khairatabad-HO, Hyd-4, along with his inward register number, (My representation 18.12.2023 addressed to the SSPOS by name, communicated the copy of the same to the Senior Postmaster, Khairatabad-
HO, Hyderabad-4.)
(iii) Please provide me the date of receipt of my representation dated 18.12.2023 along with the Inward register number, addressed to the SSPOs by name.
(iv) In response to my letter dated 27.11.2023, addressed to the Additional Director, CGHS, Hyderabad-16, communicated the copy of the same to the Senior Postmaster, Khairatabad-HO, Hyd-4. Please provide me an attested / certified copy of letter, if any addressed by the Senior Postmaster, Khairatabad-HO, Hyd-4 to the Additional Director CGHS, Begumpet, Hyderabad-16, in settlement of OPD medical claims of me and my wife.
(v) In response to my letter dated 18.12.2023, addressed to the SSPO's by name, communicated the copy of the same to the Senior Postmaster, Khairatabad-
Page 6 of 9HO, Hyd-4. Please provide me an attested / certified copy of letter, if any addressed by the Senior Postmaster, Khairatabad-HO, Hyderabad-4, to the Additional Director CGHS, Begumpet, Hyderabad-16, in settlement of OPD medical claims of me and my wife.
..., etc./ other related information 4.1. The CPIO replied vide letter dated 09.02.2024 and the same is reproduced as under :-
(i) No information available.
(ii) Inward register number 2490 dated 20.12.2023.
(iii) Inward register number 11 dated 20.12.2023.
(iv) No information available.
(v) No information available.
Etc.
4.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.02.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 01.04.2024 directed the CPIO to re-examine and to supply further information available if any. 4.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 12.04.2024.
Hearing Proceedings:
5. The appellant and on behalf of the respondent Praveen Kumar (Inspector of Posts, CPMG) Nalgonda; Sri Vignesh, Senior Accounts officer; and CPIO of Hyderabad City Division; attended the hearing through video conference.
6. The appellant inter alia submitted that the SSPO, Hyderabad City Division provided him partial information one month after the date of receipt of PMG's letter. Further, the appellant argued that Hyderabad Division was not the sole custodian of the information and they had withheld the information for a longer duration without acting upon his representations. Further, the appellant expressed his agitation and refused to Page 7 of 9 argue on merits with respect to Appeal Nos CIC/POSTS/A/2024/106535, CIC/POSTS/A/2024/111613.
7. The respondent while defending their case inter alia reiterated that information sought regarding disbursal, calculation of pension, rate of interest was not available at Suryapet Division and although a copy was sent to SSPO, Hyderabad City Division, a copy of the same was erroneously not marked to the appellant. However, the same had been intimated to the appellant and the information maintained at their end was duly shared with the appellant. He further explained that the certain amounts were pending recovery, therefore, the calculation sheet was not finalized; besides, the CPIO was not under an obligation to create information which was not available under their custody in due course. In respect of Appeal No. CIC/POSTS/A/2024/116490, the CPIO stated that revised information was provided to the appellant on 23.04.2024:
"1. The attested copy of the Latest Form - 7 is enclosed herewith.
2. The information is not available with CPIO.
3. The attested copy of the Revised Provisional Due/Demand Certificate enclosed No herewith.
4. The attested copy of the Revised Last Pay Certificate is enclosed herewith."
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that appropriate replies have been given by the CPIOs as per records available under the custody of the concerned Division. Moreover, the CPIO cannot be expected to create information which was not maintained in due course of operations and the same would be ultra vires to the provisions of the RTI Act. Further, the additional submissions and revised replies are taken on record. The Commission finds no scope of further relief in the matters. Accordingly, the appeals are dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 28.04.2025 Page 8 of 9 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO O/o. The Superintendent Of Post Offices, Supdt., & CPIO, Department Of Posts, Suryapet Division, Suryapet-508213
2. The CPIO O/o. The Director Of Accounts (Postal), Telangana Circle, CPIO & Ao/Admin.1(A), Department Of Posts, Dak Sadan, Abids, Hyderabad-01
3. The CPIO O/o. The Senior Superintendent Of Post Offices, Sr. Supdt., & CPIO, Department Of Posts, Hyderabad City Division, Hyderabad -500 001
4. Avula Somaiah Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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